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Part 2 U.K. Powers of seizure

Modifications etc. (not altering text)

Supplemental provisions of Part 2U.K.

67 Application to [F1officers of Revenue and Customs]U.K.

The powers conferred by section 114(2) of the 1984 Act and Article 85(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (application of provisions relating to police officers to [F2officers of Revenue and Customs]) shall have effect in relation to the provisions of this Part as they have effect in relation to the provisions of that Act or, as the case may be, that Order.

Textual Amendments

F1Words in s. 67 heading substituted (8.11.2007) by Finance Act 2007 (c. 11), s. 84(4), Sch. 22 para. 2; S.I. 2007/3166, art. 3(a)

F2Words in s. 67 substituted (8.11.2007) by Finance Act 2007 (c. 11), s. 84(4), Sch. 22 para. 2; S.I. 2007/3166, art. 3(a)

[F367AApplication to Welsh Revenue AuthorityE+W

(1)The Welsh Ministers may by regulations—

(a)direct that any provision of this Part is to apply, subject to such modifications as the regulations may specify, to investigations of offences conducted by the Welsh Revenue Authority;

(b)make provision permitting a person exercising a function conferred on the Welsh Revenue Authority by the regulations to use reasonable force in the exercise of such a function.

(2)Regulations under subsection (1) may—

(a)make provision that applies generally or only in specified cases,

(b)make different provision for different cases or circumstances, and

(c)may, in modifying a provision, in particular impose conditions on the exercise of a function.

(3)The power to make regulations under subsection (1) is exercisable by statutory instrument.

(4)A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

68 Application to ScotlandU.K.

(1)In the application of this Part to Scotland—

(a)subsection (4) of section 54 and subsection (10) of section 59 shall each have effect with the omission of paragraph (c) of that subsection;

(b)section 55 and subsection (3)(c) of section 59 shall be omitted; and

(c)Schedule 1 shall have effect as if the powers specified in that Schedule did not include any power of seizure under any enactment mentioned in that Schedule, so far as it is exercisable in Scotland by a constable, except a power conferred by an enactment mentioned in subsection (2).

(2)Those enactments are—

(a)section 43(5) of the Gaming Act 1968 (c. 65);

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 448(3) of the Companies Act 1985 (c. 6);

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)[F5sections 122D(3) and 176(5)] of the Financial Services and Markets Act 2000 (c. 8).

[F6(g)[F7regulation 70(7) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017]; and]

F8(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 68(2)(b)(d)(e) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 364(d)

69 Application to powers designated by orderU.K.

(1)The Secretary of State may by order—

(a)provide for any power designated by the order to be added to those specified in Schedule 1 or section 63(2);

(b)make any modification of the provisions of this Part which the Secretary of State considers appropriate in consequence of any provision made by virtue of paragraph (a);

(c)make any modification of any enactment making provision in relation to seizures, or things seized, under a power designated by an order under this subsection which the Secretary of State considers appropriate in consequence of any provision made by virtue of that paragraph.

(2)Where the power designated by the order made under subsection (1) is a power conferred in relation to Scotland, the Secretary of State shall consult the Scottish Ministers before making the order.

[F9(2A)Where the power designated by the order made under subsection (1) is a power conferred in relation to Northern Ireland, the Secretary of State shall consult the Department of Justice in Northern Ireland before making the order.]

(3)The power to make an order under subsection (1) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(4)In this section “modification” includes any exclusion, extension or application.

Textual Amendments

[F1069AU.K.The power of seizure conferred by section 43(4B)(b) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle in relation to a person suspected of being a terrorist).

Textual Amendments

F10Sch. 1 paras. 69A, 69B inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 28 (with s. 97); S.I. 2012/1205, art. 4(k)

69BU.K.The power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).]

Textual Amendments

F10Sch. 1 paras. 69A, 69B inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 28 (with s. 97); S.I. 2012/1205, art. 4(k)

70 Consequential applications and amendments of enactmentsU.K.

Schedule 2 (which applies enactments in relation to provision made by this Part and contains minor and consequential amendments) shall have effect.